SAN FRANCISCO, Jan. 20, 2017 /PRNewswire/ — A judge in San Francisco has just now ruled in favor of the Handlery family, owners of Lefty O’Doul’s, and granted a temporary restraining order that will remain in effect until February 15 that prevents the looting of Lefty’s by the outgoing tenant. The court will hold a hearing on February 15 to determine whether the TRO should be converted into a preliminary injunction that would last for the duration of the lawsuit.
The Handlery family went to court this morning and won the temporary restraining order against JGX Inc. (Nick Bovis and the Bovis family, the tenant/leasee at Lefty O’Doul’s) to keep Mr. Bovis and his agents from taking any other property from the famed restaurant and cocktail lounge.
In another important development in the case, a document written and signed by the departing tenant at famed Lefty O’Doul’s restaurant states that all the property and memorabilia inside the restaurant belongs to the owner of the property, the Handlery family, a new court filing today demonstrates.
Numerous documents and leases, all signed by JGX Inc. and members of the Bovis family, show that all the fixtures, baseball memorabilia, and everything inside Lefty O’Doul’s was the property of building owner and landlord, the Handlery family, the court filing shows.
And, a key piece of evidence was written and signed by the Bovis family, which admits JGX and the Bovis family doesn’t own the memorabilia.
“Lest there be any doubt about the question of ownership JGX has expressly and intentionally admitted that it does not own the personal property inside Lefty’s,” states Handlery attorney Richard C. Darwin of the law firm Buchalter Nemer in his legal filing today. “In 2001, three years after it took over the space, Garcia Bovis, in her capacity as treasurer of JGX, wrote the San Francisco Tax Collector’s Office to address the specific issue of who owned the personal property inside Lefty O’Doul’s. In that letter, Mrs. Bovis made the following representations to the City:
“I am writing to advise you that JGX corporation does not own the personal property contained within the above Referenced premises. The personal property was acquired from the previous owner, by the Landlord of the Handlery Hotel Inc. in 1998. Therefore, payment of any tax assessment for the personal property is the responsibility of the landlord. Please change your records accordingly.”
The Handlerys noted that they have been paying the taxes on the property to the City. “In light of this explicit admission,” Handlery attorney Darwin writes, “regarding the exact issue before this court, JGX’s recent claims of ownership over the property inside Lefty O’Doul’s smacks of bad faith.”
Darwin states to the court that it is the memorabilia looted from Lefty’s that gave the establishment “its unique look and character.” The lawsuit seeks the return of the property already taken as it would be impossible to replicate its provenance and such a unique collection of baseball history.
“JGX is looting a 60-year-old bar and restaurant of decades-old memorabilia and other property and must be stopped before the restaurant is stripped bare,” Darwin says in the Handlery lawsuit. “The lease is up in two weeks and it is not just probably, but virtually certain that the property inside Lefty’s will be removed and converted by JGX,” Darwin states in the lawsuit.
Contact Sam Singer or Adam Alberti for attachments regarding legal filing and admission by Bovis family that memorabilia inside Lefty O’Doul’s belongs to Handlery family.
To view the original version on PR Newswire, visit:http://www.prnewswire.com/news-releases/judge-halts-looting-of-leftys-temporary-restraining-order-granted-to-handlery-family-to-stop-looting-of-lefty-odouls-by-tenant-jgx-nick-bovis-300394401.html
SOURCE Handlery Family